landed with the other Americans at Guadeloupe; they recaptured the vessel and escaped with her.*

On the morning of November 16 the Baltimore underwent a trying experience with a British fleet. After the Constitution had returned to Boston for repairs, the Baltimore was left alone with a convoy bound from Charleston for Havana. On November 16 a squadron of three British ships of the line and two frigates (the Carnatick, 74, the Queen, 98, the Thunderer, 74, the Maidstone, 32, and the Greyhound, 32) hove in sight, and Captain Isaac Phillips, fearing that the convoy might be detained, ordered it to crowd on all sail and get to Havana as soon as possible. All but three of the vessels arrived safely, and the three detained were afterward released. Meanwhile the Baltimore approached the British flagship, the Carnatick, and on the invitation of the British commodore, Loring, Phillips went aboard. The British officer then

informed Phillips that he intended to impress such members of the Baltimore's crew as could not produce American protections (papers proving their American citizenship). Phillips protested, but on his return to his ship found a British officer already examining the muster roll. Phillips finally allowed 55 of his crew to be taken away, at the same time hauling down his flag. The British commander disregarded this action and later returned 50 of the men, appar

* Allen, p. 76.

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ently fearing that his government would not sanction such wholesale impressment. He offered to exchange certain other Americans in his possession (probably impressed from other vessels) for any Englishmen in the Baltimore's crew, but Phillips rejected the offer. For his lack of spirit on this occasion, Phillips was summarily dismissed from the service, though, as there were extenuating circumstances, he should at least have been granted a court-martial.*

The United States, under Barry, cruised among the Windward Islands until the spring of 1799. On February 3, while to windward of Martinique, she chased and captured a small French privateer, l'Amour de la Patrie, carrying 6 guns and a crew of 80 men. About the same time Barry captured another privateer, the Tartufe, of 8 guns and 60 men.† Now having a considerable number of prisoners, Barry, under a flag of truce, sailed to Guadeloupe, in the hope of exchanging them for an equal number of Americans in captivity. On his arrival at Guadeloupe, however, the fort fired upon his vessel, whereupon, hauling down his white flag,

Cooper, Naval History, vol. i., pp. 157-163; Allen, Our Naval War With France, pp. 76-81, and authorities cited; Maclay, History of the Navy, vol. i., pp. 170-172. See also An Impartial Examination of the Case of Captain Isaac Phillips (Baltimore, 1825); Lossing, Field-Book of the War of 1812, p. 102; and the letters in American State Papers, Foreign Relations, vol. ii., pp. 203-204.

Maclay, History of the Navy, vol. 1., pp. 175176. As usual, the statistics relating to armament and crews differ widely.

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Barry in turn bombarded the fort.* Shortly afterward he made another attempt to exchange prisoners, but Governor Desfourneaux assured him there were no Americans on the island, whereupon he landed his French prisoners (being anxious to be rid of them) and departed. The governor assured Barry that he did not recognize that a state of war existed between France and the United States and that Guadeloupe was open to American trade.t

Early in February of 1799, while cruising near St. Kitts and 15 miles off the island of Nevis, in the Leeward Islands, Commodore Truxtun in the Constellation, sighted a large ship and crowded on sail to overhaul her. As she did not answer the signals of the Constellation, Truxtun suspected her to be an enemy, in which supposition he was correct; for the vessel hoisted the French colors and fired a shot to windward the signal of an enemy.‡ Truxtun got under the enemy's lee, so as to work his guns with greater facility. As soon as the Constellation got abreast of the enemy, she hailed several times, but no answer was received. Truxtun then ordered the gunners, as soon as the guns could be brought to bear, to fire directly into the enemy's hull and to load princi

pally with two-round shot. At 3.15 o'clock the combat began and the Constellation soon secured the advantage, promptly shooting away the topmast of the enemy, thus rendering her somewhat unmanageable. The Constellation then forged ahead of the enemy, compelling her to man her other battery. After some maneuvering, the French frigate succeeded in firing three broadsides, which did considerable damage to the rigging of the Constellation, since most of the French shots were aimed very high. Cooper says* that the Constellation "suffered most in her sails and rigging, and while under the heaviest of the fire of her antagonist, the fore-topmast was badly wounded, quite near the lower cap. The foretop was commanded by Mr. David Porter, a midshipman of great promise, and, finding that his hails to communicate this important circumstance were disregarded, in the heat of the combat, this young officer took on himself the responsibility of cutting the stoppers and of lowering the yard. By thus relieving the spar of the pressure of the sail, he prevented the fall of the topmast and all its hamper. In the meantime the weight and effect of the fire were altogether in favor of the Constellation, and notwithstanding the injury she received in her fore-top-mast, that ship was soon able to throw in two or three raking broadsides, which decided the combat. After maintain

*Naval History, vol. i., pp. 168-169.

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Meanwhile the Navy Department had issued a circular order to govern the conduct of naval officers under the act of February 9, 1799, suspending commercial intercourse. Captain Nicholson, in the Constitution, had previously captured a vessel called the Spencer, owned by British merchants, which had been taken by the French. Through a misconception of his authority and because he had been instructed not to take unarmed vessels, Nicholson surrendered the Spencer to her French captors. To obviate such mistakes in the future, the Navy Department, in the abovementioned circular, laid down the rule of conduct as follows:

"Our laws direct the capture of all armed vessels sailing under authority or pretence of authority from the French republic. A vessel captured by the cruisers of France must be considered as sailing under the authority of France; and it is scarcely to be supposed that in times like the present, when few vessels sail without arms, a captured vessel in possession of the captors will be so circumstanced as not to come under the description of an armed vessel within the meaning of our laws. To justify a recapture, nothing is necessary but that the vessel be provided with such means of annoyance as will render her dangerous to an unarmed American vessel in pursuit of lawful commerce. If, however, the vessel cannot be considered an armed vessel within the meaning of our laws, you are not to capture her, unless you have probable cause to suspect that the citizens of the United States, or persons resident therein, have some interest in the vessel or cargo. It is always your duty to recapture American property or property of persons resident within the United States, whenever found in possession of the French on the high seas."

During March and April of 1799 the Merrimack, under Captain Moses Brown, cruised on her station and re

captured the American prize of a French privateer. In June the Merrimack captured La Magicienne, a French schooner of fourteen guns. She proved to be the Retaliation, which the year before had been captured by the Delaware under the name Le Croyable and had been recaptured by the French. In August the Merrimack took the Bonaparte, of eight guns, and recaptured two or three prizes. After spending the rest of the year in active cruising, she returned home in December.*

Meanwhile, on June 13, 1798, Congress had passed the non-intercourse act. The resulting interruption of American trade worked hardships on the people of San Domingo. On November 6, 1798, Toussaint informed President Adams that, if the United States would renew commercial intercourse with the island, he would protect the trade by every means in his power. In January of 1799 the Secretary of the Navy wrote to Commodore Barry as follows:

"It is very much the wish of the President that you should take some occasion, before your return, to show yourself with the greater part of your fleet at Cape François to Gen'l. Toussaint, who has a great desire to see some ships of war belonging to America, but it is not intended that you sacrifice any important object to gratify this general, with whom, however, if it should fall in your way, it may be well for you to cultivate a good understanding."†

On March 4 the Secretary of State wrote to Toussaint prescribing Maclay, Life of Moses Brown, chaps. xv.-xvi. (1904).

Griffin, Commodore John Barry, p. 376, also pp. 382, 397.

the suppression of privateering as the sole condition on which trade would be resumed with San Domingo, and on April 25 the agent of the Directory in the island issued a decree regulating privateering, which did not, however, go far enough. On May 15, 1799, a British consul, General Maitland, arrived on the island, and on June 13 signed a secret convention with Toussaint to abandon all privateering and to open to British and American trade the ports of Cape François (Cape Haitien) and Port Republicain (Port au Prince). To this treaty the American consul-general, Edward Stevens, was not an open party, though he had great influence in shaping the negotiations. Captain Patrick Fletcher was then sent to San Domingo in the George Washington, and on June 25 was instructed to cultivate friendly

relations with that island. On June 26 President Adams issued a proclamation discontinuing the prohibitions

of the former act on American trade, under the following regulations:

"It shall be lawful for vessels which have deported or may deport from the United States to enter the ports of Cape François and Port Republicain, formerly called Port au Prince, in the said island of St. Domingo, on and after the 1st day of August next.

"No vessel shall be cleared for any other port in St. Domingo than Cape François and Port Republicain. It shall be lawful for vessels which shall enter the said ports of Cape François and Port Republicain after the 31st day of July next to report from thence to any other port in said island between Monte Christi on the north and Petit Coave on the west; provided it be done with the consent of the government of St. Domingo and pursuant to certificates or passports expressing such consent, signed by the consul-general of

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the United States or consul residing at the port of departure.

"All vessels sailing in contravention of these regulations will be out of the protection of the United States and be, moreover, liable to capture, seizure and confiscation." *

In the fall the General Greene arrived to support Toussaint's efforts to maintain order, and soon after Commodore Silas Talbot arrived in the Constitution to take command of the station. In the summer of 1799 the frigate Boston (Captain George Little) arrived and during the remainder of the year co-operated with the rest of the San Domingo squadron. On December 2, in company with the General Greene, Little captured a Danish brig, the Flying Fish, bound from Jeremie, one of the San Domingan ports, for St. Thomas. In the orders of the Navy Department of March 12, 1799, naval officers were bidden "to be vigilant that vessels or cargoes really American, but covered by Danish or other foreign papers, and bound to or from French ports do not escape you." This order was based upon that clause of the non-intercourse act of February 9, 1799, which provided: "If upon examination it shall appear that such ship or vessel is bound or sailing to any port or place within the territory of the French republic or her dependencies, contrary to the intent of this act, it shall be the duty of the commander of

* Richardson, Messages and Papers, vol. i., pp. 288-289.

† See Adams, United States, vol. i., chap. xv.; A. S. Mackenzie, Life of Commodore Oliver Hazard Perry, vol. i., pp. 41-43.